*How to Handle Probate information

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David Potter
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How to Handle Probate information

Postby David Potter » 17 Feb 2017 09:46

Hi Forum

I'm struggling to see how best to handle the situation where the Executor of a Will is also a Beneficiary.
The Witness box allows both to be entered with different Roles but only one, the first for any one Individual shows up as a Fact. I see a message for the second entry objecting to Duplicates. See screen shot.
My work around is to manually create a Benefitted from Inheritance Fact.

Am I doing something wrong when setting this up?
Are there any better solutions to handling this apparent FH limitation?
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DavidNewton
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Re: How to Handle Probate information

Postby DavidNewton » 17 Feb 2017 10:12

A naive suggestion: create a role of "Beneficiary & Executor" and construct appropriate sentences.

David

brianlummis
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Re: How to Handle Probate information

Postby brianlummis » 17 Feb 2017 10:18

Technically, it is the Will that gives details of the Beneficiaries and not the Probate, so I would use that as being the source for detailing the Beneficiaries. The Probate confirms the names of the Executors (usually those named in the will, but not always) and their role should be recorded using the Probate as the source.

If the Executor is also a Beneficiary in the Will then the easiest way would be to create an additional Witness role type of "Executor and Beneficiary"

Brian

Edit - SNAP, David :)

David Potter
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Re: How to Handle Probate information

Postby David Potter » 17 Feb 2017 10:34

Thank you Guys

I'll have a go at that suggestion...

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DavidNewton
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Re: How to Handle Probate information

Postby DavidNewton » 17 Feb 2017 11:59

Just having a further look at the sentences. If you add ",executor and beneficiary" after each role = of executor and beneficiary in the main probate sentence then the individual will be in the list of beneficiaries and in the list of executors. I admit that I use witnesses very sparcely so my experience here is limited and I am not certain that this answers your question.

David

David Potter
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Re: How to Handle Probate information

Postby David Potter » 17 Feb 2017 12:58

Hi Guys

All suggestions worked a treat, thank you. I made the mistake of thinking the Probate and Will were one document. Your advice fixed that and now they are separate doc's and Source records.

One more question please, when dating the Will as a Fact what date would you suggest is applied? The date of the Will signing or the date the Will was executed and the beneficiaries received their Inheritance, probably closest to the date of Probate by practicability.

I'm thinking the latter but would like to hear your views.

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Re: How to Handle Probate information

Postby ColeValleyGirl » 17 Feb 2017 13:03

The date the will was made. That way, if multiple wills are made (each superseding the last) and you have visibility of them you can record them separately. (Plus the date of signing is the date the will became operant).

The date the will was executed only refers to the last will.

Probate (as you've realised) is a different event.

And the date the beneficiaries received the bequest (which you might be able to get, for example, from death duty registers), are a separate set of events.

David Potter
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Re: How to Handle Probate information

Postby David Potter » 17 Feb 2017 13:07

Thank you Helen - that makes absolute sense.

Strangely enough I have used the signing date and then thought it should be the execution date. So nothing to change. Thankfully :D

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Re: How to Handle Probate information

Postby David Potter » 27 Mar 2017 16:08

Hi Forum

I would like some further advice please on how best to record by Fact of type 'Will' that my wife and our children were beneficiaries of her father's Will without having her father as an Individual within the Tree. I want my tree to remain pure and contain my family and ancestors only. My wife has her own separate tree.

Is that possible or better handled another way. I'm setting up the Fact for Will against her and then mentioning her as a witness (Beneficiary) but FH is reading this as 'her' Will which I can understand it would.

Any solutions most welcome.

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Re: How to Handle Probate information

Postby tatewise » 27 Mar 2017 16:25

That is a perfect example of why we advise having just one family tree Project. As you find more inter-branch connections it can only get more complicated to handle.

With separate Projects, my first reaction is you need a custom Beneficiary fact for your Wife and Children to use.

Alternatively, the simplest solution is to add her Father perhaps with only basic BMD facts and the Will fact.

My observation is that your tree is already 'impure' as it includes your Wife, and likewise hers includes you and your Children.
That duplication presumably means a certain amount of double data entry, which will expand as more descendants arise?

Do you work on one PC with one copy of FH and just use different Projects, or do you have separate PC and separate licensed copies of FH so that you can both work at the same time? I am just thinking about ways to manage one whole family Project. FH makes working on one 'pure' Ancestral branch quite easy, even with a full tree.
Mike Tate ~ researching the Tate and Scott family history.

David Potter
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Re: How to Handle Probate information

Postby David Potter » 27 Mar 2017 16:42

Hi Mike

I have one PC and one Licence and multiple trees. It was one large tree until recently and then chose to separate my wife's ancestors into her own tree. Although as you point out she exists in my tree along with our children and vice versa.

There is minimal duplication and the separation helped me achieve a major clean-up so I'm happy with that decision. I could always Merge again at a later date. And it's only me who undertakes research. So the whole process supports my needs right now.

As soon as I hit the Post button previously - I then thought of a custom fact and your idea if naming it Beneficiary fits nicely.

The idea of creating her father with minimal BMD would of course work, but then I would need to do the same for other non 'true' family members.

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tatewise
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Re: How to Handle Probate information

Postby tatewise » 27 Mar 2017 16:54

Why not keep it simple, and just enter the Will into your Wife's tree?
Don't bother with your tree. When you eventually merge it will (sic) sort itself out.

Otherwise, any future complications depend upon how you plan to enter Wills and Beneficiaries, etc, in general.
If you plan to use custom Beneficiary and Executor facts everywhere, then future merging is no problem.
But if you plan to use Will fact Witnesses for Beneficiaries and Executors, then in future merges you must remember to remove the temporary custom Beneficiary and Executor facts, otherwise they will duplicate the fact Witness entries.

If you are already contemplating "other non 'true' family members" then how long will it be before the complications of two trees outweigh the benefits?
Mike Tate ~ researching the Tate and Scott family history.

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Re: How to Handle Probate information

Postby David Potter » 27 Mar 2017 17:02

Yes - I appreciate that is an option - but would prefer to have one Master tree centred around my family and ancestors. I also understand the issue with consistency if I Merge at some later point.

I think I have a solution now - once I have two examples setup (like I already have a Will fact using Witnesses for my Mother), then these can act as templates going forward. Albeit once I have dealt with my wife's situation I hoping it will be a very infrequent event.

Thanks for your help Mike. Much appreciated.


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